(PC)Diaz v. Hurley et al, No. 2:2019cv01241 - Document 85 (E.D. Cal. 2022)
Court Description: ORDER signed by Magistrate Judge Kendall J. Newman on 6/8/2022 PARTIALLY GRANTING Plaintiff's 84 objections to findings and recommendations. Plaintiff shall present his second amended complaint to prison officials for mailing on or before 6/17/2022. (Perdue, C.)
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(PC)Diaz v. Hurley et al Doc. 85 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MIGUEL ENRIQUE DIAZ, 12 No. 2:19-cv-1241 KJM KJN P Plaintiff, 13 v. 14 ORDER ASSOCIATE WARDEN HURLEY, et al., 15 Defendants. 16 Plaintiff is a state prisoner, proceeding without counsel. On May 23, 2022, the district 17 18 court adopted the findings and recommendations denying plaintiff’s motion for injunctive relief 19 and referred the case back to the undersigned for further proceedings. (ECF No. 83.) On May 20 26, 2022, plaintiff filed objections to the December 29, 2021 findings and recommendations, 21 seeking yet another extension of time to file his amended complaint. 1 (ECF No. 84.) Plaintiff 22 now claims that he is prepared to file his amended pleading within thirty days, and argues the 23 court should vacate the findings and recommendations and accept the amended pleading. Plaintiff signed his objections on May 18, 2022. In an abundance of caution, the court 24 25 will hold the December 29, 2021 findings and recommendations in abeyance until Friday, June 26 17, 2022. In other words, plaintiff must present his second amended complaint to prison officials 27 28 1 Over a year ago, on May 21, 2021, plaintiff’s amended complaint was dismissed with leave to file a second amended complaint. (ECF No. 59.) Dockets.Justia.com 1 for mailing no later than June 17, 2022. The court will allow a reasonable time for the amended 2 pleading to arrive by mail from the California Medical Facility in Vacaville. But if the court has 3 not received plaintiff’s second amended complaint by June 27, 2022, the findings and 4 recommendations will be forwarded to the district court for review and adoption. 5 No further extensions of time will be granted for any reason. 6 Accordingly, IT IS HEREBY ORDERED that: 7 1. Plaintiff’s request (ECF No. 84) is partially granted; and 8 2. Plaintiff shall present his second amended complaint to prison officials for mailing on 9 or before June 17, 2022. Failure to comply with this order will result in the dismissal of this 10 action. 11 Dated: June 8, 2022 12 13 14 /diaz1241.objs.eot 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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